An Act regulating traffic; concerning driving under the
influence of alcohol or drugs; con-
cerning certain speed limits; amending K.S.A. 8-1558 and 8-1723 and
K.S.A. 2002 Supp.
8-1567 and repealing the existing sections; also repealing K.S.A.
8-1723, as amended by

section 1 of 2003 House Bill No. 2221.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 8-1567
is hereby amended to read as
follows: 8-1567. (a) No person shall operate or attempt to operate
any
vehicle within this state while:

(1) The alcohol concentration in the
person's blood or breath as
shown by any competent evidence, including other competent
evidence,
as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and
amend-
ments thereto, is .08 or more;

(2) the alcohol concentration in the
person's blood or breath, as meas-
ured within two hours of the time of operating or attempting to
operate
a vehicle, is .08 or more;

(3) under the influence of alcohol to a
degree that renders the person
incapable of safely driving a vehicle;

(4) under the influence of any drug or
combination of drugs to a
degree that renders the person incapable of safely driving a
vehicle; or

(5) under the influence of a combination
of alcohol and any drug or
drugs to a degree that renders the person incapable of safely
driving a
vehicle.

(b) No person shall operate or attempt to
operate any vehicle within
this state if the person is a habitual user of any narcotic,
hypnotic, som-
nifacient or stimulating drug.

(c) If a person is charged with a
violation of this section involving
drugs, the fact that the person is or has been entitled to use the
drug
under the laws of this state shall not constitute a defense against
the
charge.

(d) Upon a first conviction of a
violation of this section, a person shall
be guilty of a class B, nonperson misdemeanor and sentenced to not
less
than 48 consecutive hours nor more than six months' imprisonment,
or
in the court's discretion 100 hours of public service, and fined
not less
than $500 nor more than $1,000. The person convicted must serve
at
least 48 consecutive hours' imprisonment or 100 hours of public
service
either before or as a condition of any grant of probation or
suspension,
reduction of sentence or parole. In addition, the court shall enter
an order
which requires that the person enroll in and successfully complete
an
alcohol and drug safety action education program or treatment
program
as provided in K.S.A. 8-1008, and amendments thereto, or both the
ed-
ucation and treatment programs.

(e) On a second conviction of a violation
of this section, a person shall
be guilty of a class A, nonperson misdemeanor and sentenced to not
less
than 90 days nor more than one year's imprisonment and fined not
less
than $1,000 nor more than $1,500. The person convicted must serve
at
least five consecutive days' imprisonment before the person is
granted
probation, suspension or reduction of sentence or parole or is
otherwise
released. The five days' imprisonment mandated by this subsection
may
be served in a work release program only after such person has
served
48 consecutive hours' imprisonment, provided such work release
program
requires such person to return to confinement at the end of each
day in
the work release program. The court may place the person
convicted
under a house arrest program pursuant to K.S.A. 21-4603b, and
amend-
ments thereto, to serve the remainder of the minimum sentence
only
after such person has served 48 consecutive hours' imprisonment. As
a
condition of any grant of probation, suspension of sentence or
parole or
of any other release, the person shall be required to enter into
and com-
plete a treatment program for alcohol and drug abuse as provided
in
K.S.A. 8-1008, and amendments thereto.

(f) On the third conviction of a
violation of this section, a person shall
be guilty of a nonperson felony and sentenced to not less than 90
days
nor more than one year's imprisonment and fined not less than
$1,500
nor more than $2,500. The person convicted shall not be eligible
for
release on probation, suspension or reduction of sentence or parole
until
the person has served at least 90 days' imprisonment. The court may
also
require as a condition of parole that such person enter into and
complete
a treatment program for alcohol and drug abuse as provided by
K.S.A. 8-
1008, and amendments thereto. The 90 days' imprisonment mandated
by
this subsection may be served in a work release program only after
such
person has served 48 consecutive hours' imprisonment, provided
such
work release program requires such person to return to confinement
at
the end of each day in the work release program. The court may
place
the person convicted under a house arrest program pursuant to
K.S.A.
21-4603b, and amendments thereto, to serve the remainder of the
min-
imum sentence only after such person has served 48 consecutive
hours'
imprisonment.

(g) On the fourth or subsequent
conviction of a violation of this sec-
tion, a person shall be guilty of a nonperson felony and sentenced
to not
less than 90 days nor more than one year's imprisonment and
fined
$2,500. The person convicted shall not be eligible for release on
proba-
tion, suspension or reduction of sentence or parole until the
person has
served at least 90 days' imprisonment. The 90 days' imprisonment
man-
dated by this subsection may be served in a work release program
only
after such person has served 72 consecutive hours' imprisonment,
pro-
vided such work release program requires such person to return to
con-
finement at the end of each day in the work release program. At the
time
of the filing of the judgment form or journal entry as required by
K.S.A.
21-4620 or 22-3426, and amendments thereto, the court shall cause
a
certified copy to be sent to the officer having the offender in
charge. The
law enforcement agency maintaining custody and control of a
defendant
for imprisonment shall cause a certified copy of the judgment form
or
journal entry to be sent to the secretary of corrections within
three busi-
ness days of receipt of the judgment form or journal entry from the
court
and notify the secretary of corrections when the term of
imprisonment
expires and upon expiration of the term of imprisonment shall
deliver the
defendant to a location designated by the secretary. After the term
of
imprisonment imposed by the court, the person shall be placed in
the
custody of the secretary of corrections for a mandatory one-year
period
of postrelease supervision, which such period of postrelease
supervision
shall not be reduced. During such postrelease supervision, the
person
shall be required to participate in an inpatient or outpatient
program for
alcohol and drug abuse, including, but not limited to, an approved
after-
care plan or mental health counseling, as determined by the
secretary
and satisfy conditions imposed by the Kansas parole board as
provided
by K.S.A. 22-3717, and amendments thereto. Any violation of the
con-
ditions of such postrelease supervision may subject such person to
revo-
cation of postrelease supervision pursuant to K.S.A. 75-5217 et
seq., and
amendments thereto and as otherwise provided by law.

(h) Any person convicted of violating
this section or an ordinance
which prohibits the acts that this section prohibits who had a
child under
the age of 14 years in the vehicle at the time of the offense shall
have
such person's punishment enhanced by one month of imprisonment.
This
imprisonment must be served consecutively to any other penalty
imposed
for a violation of this section or an ordinance which prohibits the
acts that
this section prohibits. During the service of the one month
enhanced
penalty, the judge may order the person on house arrest, work
release or
other conditional release.

(i) The court may establish the terms and
time for payment of any
fines, fees, assessments and costs imposed pursuant to this
section. Any
assessment and costs shall be required to be paid not later than 90
days
after imposed, and any remainder of the fine shall be paid prior to
the
final release of the defendant by the court.

(j) In lieu of payment of a fine imposed
pursuant to this section, the
court may order that the person perform community service specified
by
the court. The person shall receive a credit on the fine imposed in
an
amount equal to $5 for each full hour spent by the person in the
specified
community service. The community service ordered by the court shall
be
required to be performed not later than one year after the fine is
imposed
or by an earlier date specified by the court. If by the required
date the
person performs an insufficient amount of community service to
reduce
to zero the portion of the fine required to be paid by the person,
the
remaining balance of the fine shall become due on that date.

(k) (1) Except as provided in
paragraph (5), in addition to any otherpenalty which may be imposed upon a person convicted of a
violation ofthis section, the court may order that the convicted person's
motor vehicleor vehicles be impounded or immobilized for a period not to
exceed oneyear and that the convicted person pay all towing, impoundment
andstorage fees or other immobilization costs.

(2) The court shall not order the
impoundment or immobilization ofa motor vehicle driven by a person convicted of a violation of
this sectionif the motor vehicle had been stolen or converted at the time it
was drivenin violation of this section.

(3) Prior to ordering the impoundment
or immobilization of a motorvehicle or vehicles owned by a person convicted of a violation
of thissection, the court shall consider, but not be limited to, the
following:

(A) Whether the impoundment or
immobilization of the motor vehiclewould result in the loss of employment by the convicted person
or a mem-ber of such person's family; and

(B) whether the ability of the
convicted person or a member of suchperson's family to attend school or obtain medical care would be
impaired.

(4) Any personal property in a vehicle
impounded or immobilizedpursuant to this subsection may be retrieved prior to or during
the periodof such impoundment or immobilization.

(5) As used in this subsection, the
convicted person's motor vehicleor vehicles shall include any vehicle leased by such person. If
the lease onthe convicted person's motor vehicle subject to impoundment or
immo-bilization expires in less than one year from the date of the
impoundmentor immobilization, the time of impoundment or immobilization of
suchvehicle shall be the amount of time remaining on the
lease.

(k)(l) The court
shall report every conviction of a violation of this
section and every diversion agreement entered into in lieu of
further
criminal proceedings or a complaint alleging a violation of this
section to
the division. Prior to sentencing under the provisions of this
section, the
court shall request and shall receive from the division a record of
all prior
convictions obtained against such person for any violations of any
of the
motor vehicle laws of this state.

(l)(m) For the
purpose of determining whether a conviction is a first,
second, third, fourth or subsequent conviction in sentencing under
this
section:

(1) ``Conviction'' includes being
convicted of a violation of this section
or entering into a diversion agreement in lieu of further criminal
pro-
ceedings on a complaint alleging a violation of this section;

(2) ``conviction'' includes being
convicted of a violation of a law of
another state or an ordinance of any city, or resolution of any
county,
which prohibits the acts that this section prohibits or entering
into a di-
version agreement in lieu of further criminal proceedings in a case
alleg-
ing a violation of such law, ordinance or resolution;

(3) any convictions occurring during a
person's lifetime shall be taken
into account when determining the sentence to be imposed for a
first,
second, third, fourth or subsequent offender;

(4) it is irrelevant whether an offense
occurred before or after con-
viction for a previous offense; and

(5) a person may enter into a diversion
agreement in lieu of further
criminal proceedings for a violation of this section, and
amendments
thereto, or an ordinance which prohibits the acts of this section,
and
amendments thereto, only once during the person's lifetime.

(m)(n) Upon
conviction of a person of a violation of this section or
a violation of a city ordinance or county resolution prohibiting
the acts
prohibited by this section, the division, upon receiving a report
of con-
viction, shall suspend, restrict or suspend and restrict the
person's driving
privileges as provided by K.S.A. 8-1014, and amendments
thereto.

(n)(o)
(1) Nothing contained in this section shall be construed
as
preventing any city from enacting ordinances, or any county from
adopt-
ing resolutions, declaring acts prohibited or made unlawful by this
act as
unlawful or prohibited in such city or county and prescribing
penalties
for violation thereof, but. Except as
specifically provided by this subsec-tion, the minimum penalty prescribed by any such ordinance
or resolution
shall not be less than the minimum penalty prescribed by this act
for the
same violation, and the maximum penalty in any such ordinance or
res-
olution shall not exceed the maximum penalty prescribed for the
same
violation.

In addition, Any such
ordinance or resolution shall authorize the court
to order that the convicted person pay restitution to any victim
who suf-
fered loss due to the violation for which the person was convicted.
Exceptas provided in paragraph (5), any such ordinance or resolution
may re-quire or authorize the court to order that the convicted
person's motorvehicle or vehicles be impounded or immobilized for a period not
to exceedone year and that the convicted person pay all towing,
impoundment andstorage fees or other immobilization costs.

(2) The court shall not order the
impoundment or immobilization ofa motor vehicle driven by a person convicted of a violation of
this sectionif the motor vehicle had been stolen or converted at the time it
was drivenin violation of this section.

(3) Prior to ordering the impoundment
or immobilization of a motorvehicle or vehicles owned by a person convicted of a violation
of thissection, the court shall consider, but not be limited to, the
following:

(A) Whether the impoundment or
immobilization of the motor vehiclewould result in the loss of employment by the convicted person
or a mem-ber of such person's family; and

(B) whether the ability of the
convicted person or a member of suchperson's family to attend school or obtain medical care would be
impaired.

(4) Any personal property in a vehicle
impounded or immobilizedpursuant to this subsection may be retrieved prior to or during
the periodof such impoundment or immobilization.

(5) As used in this subsection, the
convicted person's motor vehicleor vehicles shall include any vehicle leased by such person. If
the lease onthe convicted person's motor vehicle subject to impoundment or
immo-bilization expires in less than one year from the date of the
impoundmentor immobilization, the time of impoundment or immobilization of
suchvehicle shall be the amount of time remaining on the
lease.

(o)(p) No plea
bargaining agreement shall be entered into nor shall
any judge approve a plea bargaining agreement entered into for the
pur-
pose of permitting a person charged with a violation of this
section, or a
violation of any ordinance of a city or resolution of any county in
this state
which prohibits the acts prohibited by this section, to avoid the
mandatory
penalties established by this section or by the ordinance. For the
purpose
of this subsection, entering into a diversion agreement pursuant to
K.S.A.
12-4413 et seq. or 22-2906 et seq., and amendments
thereto, shall not
constitute plea bargaining.

(p)(q) The
alternatives set out in subsections (a)(1), (a)(2) and (a)(3)
may be pleaded in the alternative, and the state, city or county,
but shall
not be required to, may elect one or two of the three prior to
submission
of the case to the fact finder.

(q)(r) Upon a
fourth or subsequent conviction, the judge of any court
in which any person is convicted of violating this section, may
revoke the
person's license plate or temporary registration certificate of the
motor
vehicle driven during the violation of this section for a period of
one year.
Upon revoking any license plate or temporary registration
certificate pur-
suant to this subsection, the court shall require that such license
plate or
temporary registration certificate be surrendered to the court.

(r)(s) For the
purpose of this section: (1) ``Alcohol concentration''
means the number of grams of alcohol per 100 milliliters of blood
or per
210 liters of breath.

(2) ``Imprisonment'' shall include any
restrained environment in
which the court and law enforcement agency intend to retain custody
and
control of a defendant and such environment has been approved by
the
board of county commissioners or the governing body of a city.

(3) ``Drug'' includes toxic vapors as
such term is defined in K.S.A. 65-
4165, and amendments thereto.

(s)(t) The
amount of the increase in fines as specified in this section
shall be remitted by the clerk of the district court to the state
treasurer
in accordance with the provisions of K.S.A. 75-4215, and
amendments
thereto. Upon receipt of remittance of the increase provided in
this act,
the state treasurer shall deposit the entire amount in the state
treasury
and the state treasurer shall credit 50% to the community
alcoholism and
intoxication programs fund and 50% to the department of
corrections
alcohol and drug abuse treatment fund, which is hereby created in
the
state treasury.

New Sec. 2. If the owner of a motor
vehicle which has been im-
pounded pursuant to K.S.A. 8-1567 or section 3, and amendments
thereto, refuses to pay any towing, impoundment, storage or other
fees
relating to the impoundment or immobilization of such vehicle or
fails to
take possession of such vehicle within 30 days following the date
of the
expiration of the impoundment period, such vehicle shall be
deemed
abandoned and the vehicle may be disposed of by the person
having
possession of such vehicle. If the person having possession of such
vehicle
is a public agency, disposition of such vehicle shall be in
compliance with
the procedures for notice and public auction provided by paragraph
(2)
of subsection (a) of K.S.A. 8-1102, and amendments thereto. If the
person
having possession of such vehicle is not a public agency,
disposition of
such vehicle shall be in compliance with K.S.A. 8-1103 through
8-1108,
and amendments thereto.

New Sec. 3. (a) It shall be
unlawful for the owner of a motor vehicle
to allow a person to drive such vehicle when such owner knows or
rea-
sonably should have known such person was driving in violation of
K.S.A.
8-1014, and amendments thereto.

(b) Violation of this section is an
unclassified misdemeanor punisha-
ble by a fine of not less than $500 nor more than $1,000. In
addition to
the fine imposed upon a person convicted of a violation of this
section,
the court may order that the convicted person's motor vehicle or
vehicles
be impounded or immobilized for a period not to exceed one year
and
that the convicted person pay all towing, impoundment and storage
fees
or other immobilization costs. Prior to ordering the impoundment or
im-
mobilization of any such motor vehicle, the court shall consider
the factors
established in subsection (k)(3) of K.S.A. 8-1567, and
amendments
thereto. Any personal property in a vehicle impounded or
immobilized
pursuant to this section may be retrieved prior to or during the
period of
such impoundment or immobilization.

Sec. 4. K.S.A. 8-1558 is hereby
amended to read as follows: 8-1558.
(a) Except as provided in subsections (b) and (e)subsection (b) and except
when a special hazard exists that requires lower speed for
compliance
with K.S.A. 8-1557, and amendments thereto, the limits specified in
this
subsection or established as authorized by law shall be maximum
lawful
speeds, and no person shall operate a vehicle at a speed in excess
of such
maximum limits:

(1) In any urban district, 30 miles per
hour;

(2) on any separated multilane highway,
as designated and posted by
the secretary of transportation, 70 miles per hour;

(3) on any county or township highway, 55
miles per hour; and

(4) on all other highways, 65 miles per
hour.

(b) No person shall drive a school bus to
or from school, or inter-
school or intraschool functions or activities, at a speed
greater than 45miles per hour on any roadway having a dirt, sand or gravel
surface, andin no event shall a school bus be driven to and from
school, or functionsor activities, in excess of 55 miles per hour,
notwithstanding any maximumspeed limit in excess thereofin excess of the
maximum speed limits pro-vided in subsection (a), except that the board of education of
any schooldistrict may establish by board policy lower maximum speed
limits forthe operation of such district's school buses. The
provisions of this sub-
section relating to school buses shall apply to buses used for the
trans-
portation of students enrolled in community colleges or area
vocational
schools, when such buses are transporting students to or from
school, or
functions or activities.

(c) The secretary of
transportation shall not be liable for any damageor loss, asserted to have been sustained between the
effective date of thisact and July 1, 1996, based on a claim of failure to post
any speed limit,or to erect signs or place markings in relation to any
speed limit estab-lished by this act, on any highway under the secretary's
jurisdiction.

(d)(c) The
maximum speed limits in this section may be altered as
authorized in K.S.A. 8-1559 and 8-1560, and amendments thereto.

(e) The speed limits established
in paragraphs (2) and (4) of subsec-tion (a) shall be effective 15 days following the effective
date of this act.During such interim fifteen-day period, the maximum speed
limit underparagraph (2) of subsection (a) shall be 65 miles per hour
and the maxi-mum speed limit under paragraph (4) of subsection (a) shall
be 55 milesper hour.

Sec. 5. K.S.A. 8-1723 is hereby
amended to read as follows: 8-1723.
(a) Any motor vehicle may be equipped with not more than two side
cowl
or fender lamps which shall emit an amber or white light without
glare.

(b) Any motor vehicle may be equipped
with not more than one run-
ning-board courtesy lamp on each side which shall emit a white or
amber
light without glare.

(c) Any motor vehicle may be equipped
with one or more back-up
lamps either separately or in combination with other lamps, but any
such
back-up lamp or lamps shall not be lighted when the motor vehicle
is in
forward motion.

(d) Any vehicle 80 inches or more in
overall width, if not otherwise
required by K.S.A. 8-1710, and amendments thereto, may be
equipped
with not more than three identification lamps showing to the front
which
shall emit an amber light without glare and not more than three
identi-
fication lamps showing to the rear which shall emit a red light
without
glare. Such lamps shall be mounted as specified in subsection (g)
of K.S.A.
8-1710, and amendments thereto.

(e) Any vehicle may be equipped with one
or more side marker lamps
and any such lamp may be flashed in conjunction with turn or
vehicular
hazard warning signals. Side marker lamps located toward the front
of a
vehicle shall be amber and side marker lamps located toward the
rear
shall be red.

(f) Any motor vehicle may be equipped
with neon ground effect light-ing, except that such lighting shall not flash, be any shade of
red nor shallany portion of the neon tubes be visible. ``Neon ground effect
lighting''means neon tubes placed underneath the motor vehicle for the
purpose ofilluminating the ground below the motor vehicle creating a halo
lighteffect.